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Georgia Post > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Criminal law in the US

A 
Common Law
Constitution
Statues
Administrative
Regulatory Agency Decisions
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2
Q

1st Amendment

A

Freedom of speech, religion, and press

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3
Q

2nd Amendment

A

Right to bear arms

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4
Q

4th Amendment

A

Unreasonable searches and seizures

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5
Q

5th Amendment

A

Due process and prohibits self-incrimination & double jeopardy

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6
Q

6th Amendment

A

Fair and speedy public trial by jury, confront the accuser and retain counsel

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7
Q

8th Amendment

A

Prohibits excessive fines and excessive ball, cruel and unusual punishment

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8
Q

13th Amendment

A

Abolishes slavery

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9
Q

14th Amendment

A

Equal Protection Clause

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10
Q

15th Amendment

A

Prohibits the denial of right to vote

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11
Q

Three components of the criminal system

A

Police, Courts, Corrections

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12
Q

Local Criminal System

A

City Police, County Police, Sheriff

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13
Q

GA Courts

A 
Magistrate
Municipal
Probate
Juvenile
State
Superior
GA Court of Appeals
GA Supreme Court
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14
Q

Due Process Steps

A 
Pre-arrest
Arrest
Booking
Court 72 hours w/ warrant
48 hours court w/out warrant
Pre hearing
Determination of charges
Indictment
Arrangement
Trial
Sentencing
Release/Appeal
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15
Q

Liability Types

A

Civil
Criminal
Administrative

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16
Q

Civil

A

Imposed under the civil as opposed to the criminal law. Civil liability can result in monetary rewards for normal or punitive damages or injunctions

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17
Q

Tort

A

A civil wrong for which a remedy may be obtained usually in the form of damages

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18
Q

Elements of Tort Actions

A

Owed a duty to plaintiff
There was a breach in that duty
There is an injury to the plaintiff
Plaintiff must prove the damages

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19
Q

Defense to Tort

A

Probable cause
Reasonable
Good faith

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20
Q

OCGA 16-5-41

A

False imprisonment

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21
Q

OCGA 16-5-42

A

False imprisonment under Color of Legal Process

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22
Q

42 USC 1983

A

Civil action for deprivation of rights

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23
Q

Elements for law enforcement officer to be liable

A
  1. A violation of federal constitutional right or statue

2. Violation must be by a person action under color of law

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24
Q

18 USC 241

A

Conspiracy against rights (two persons)

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25
Q

18 USC 242

A

Deprivation of rights under color of law (Singular liability

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26
Q

Saucier Katz/Two prong Test

A

There was a violation of a constitutional right

The right was clearly established at the time

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27
Q

Absolute immunity

A

Complete from civil liability usually afford to officials while performing important functions (judicial member)

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28
Q

Quasi-Judicial

A

Immunity when performing related functions for public officials

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29
Q

Official/Qualified

A

State is official

Federal is Qualified

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30
Q 
Limitations for the following:
Murder
Force Rape
Crimes punishable for life or death
All other felonies
Misd
A 
M-0 yrs
FR-15 yrs
C&P 7 Yrs
All Other 4 Yrs
Misd 2 Yr
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31
Q

Included Crime

A

An accused may be convicted of a crime included in a crime charged in the indictment or accusation

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32
Q

Multiple prosecutions for same conduct

A

May be convicted of more than one crime if the crimes differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct

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33
Q

Crime

A

A violation of a statue of this state in which there is a joint operation of an act or omission to act and intention or criminal negligence.

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34
Q

Misfortune or Accident not a Crime

A

A person shall not be found guilty of any crime committed by misfortune or accident where no criminal scheme or intentional/negligence

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35
Q

Presumption of sound mind and discretion

A

Every person is presumed to be sound minded

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36
Q

Parties to a crime

A

Every person concerned in the commission of a crime is a party thereto and may be charged and convicted (intentionally causes, aids, advises…ect)

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37
Q

Minimum Age

A

Attended the age of 13 years at the time of the act.
16 for consent to sex
17 for adult
18 for deprived

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38
Q

Mental Capacity/Insanity

A

Not be found guilty if person did not have mental capacity to distinguish between right and wrong

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39
Q

Delusional Compulsion

A

Not be found guilty of crime due to mental disease, injury or congenital deficiency

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40
Q

Intoxication

A

Not be found guilty of crime because of involuntary intoxication

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41
Q

Entrapment as Defense

A

Not be found guilty if conduct is induced or solicited by a government officer for the purpose of obtaining evidence to be used as evidence

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42
Q

Coercion as Defense

A

Not be found guilty, except murder, if the act upon which the supposed criminal liability is based is performed under such coercion that the person reasonably believed that performing the act is the only way to prevent injury/death

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43
Q

Criminal attempt

A

Intent to commit a crime takes a substantial step to the commission of the crime

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44
Q

Impossibility no defense

A

legally impossible of commission of such crime could have been committed had the attendant circumstance been as the accused believed them to be

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45
Q

Abandonment of effort as defense

A

Constitute an attempt; a belief that circumstance exist which increase the probability for detection or postpone the criminal conduct until another time.

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46
Q

Punishment

A

Crimes punishable by death or life= Felony 1-30yrs or one half in the sentence

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47
Q

Criminal Solicitation

A

Person engage in conduct constituting a felony, he solicits, request, command other persons to engage in a crime

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48
Q

Murder

A

Unlawfully and with malice aforethought express cause the death of another human. Malic shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart

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49
Q

Voluntary Manslaughter

A

Cause death to another human, acts solely as the result of sudden, violent and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person. Felony

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50
Q

Involuntary Manslaughter

A

In the commission of an unlawful act when he causes the death of another human without intention. Misdemeanor

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51
Q

Simple Assault

A

Attempts to commit violent injury, commits an act which places another in danger. Misdemeanor

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52
Q

Aggravated Assault

A

Intent to murder, rape, rob with a deadly weapon or with any object, device, can result in serious injury. Felony

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53
Q

Simple Battery

A

Intentionally makes physical contact or insulting or provoking nature. Intentionally causes physical harm. Misdemeanor

54
Q

Battery

A

Intentionally causes substantial physical harm or visible bodily harm (black eye, bruises) Misdemeanor

55
Q

Family Violence Battery

A

First conviction= Misdemeanor

Second Conviction= Felony

56
Q

Aggravated Battery First

A

Maliciously causes bodily harm to another by depriving him or her of a member of his body, rendering a member of his or her body useless/disfiguring body

57
Q

Kidnapping

A

Abducts or steals away another person without lawful authority.

58
Q

False imprisonment

A

In violation of the personal liberty or another, arrest, confines, detains without legal authority

59
Q

False imprisonment under color of law

A

Arrest, confinement, detention-an officer knowingly and maliciously executing. Felony

60
Q

Motor vehicle hijacking

A

While in possession of a firearm or weapon obtains a motor vehicle from another by force and violence or intimidation or attempts to conspire to do so. Felony

61
Q

Interference with Custody

A

Knowingly takes entices any child or committed person away from lawful parent. Knowingly harbors child from legal parent. Misdemeanor

62
Q

Reckless conduct; HIV infected person

A

Cause bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and risk that act or omission will cause harm or endanger the safety of another= Misdemeanor
If person with HIV or hepatitis assault other using body fluids= Felony

63
Q

Feticide

A

Willfully and without legal justification causes death of unborn child by injury to the mother of such child, which would be murder if it resulted in the death of the mother

64
Q

Stalking

A

Follows, places under surveillance or contact another person without consent of the other person for the purpose of harassing and intimidating the person. Misdemeanor first offense. Felony for second

65
Q

Aggravated Stalking

A

In violation of a bond to keep the peace posted. Felony

66
Q

Cruelty to a person who is 65 or older

A

Guardian or other person supervising that commits the offense of neglect and willfully deprives the person, causing their health or well-being to be jeopardized. Felony

67
Q

Rape

A

Has Carnal knowledge, female forcible against her will, a female under age 10. Felony/Death

68
Q

Statutory Rape

A

He or she engages in sexual intercourse with anyone under 16 yrs. Felony

69
Q

Child Molestation; aggravated child molestation

A

Does any immoral or indecent act to or in the presence of or with any child under 16 with intent to arouse or satisfy the sexual desires or either the child or person or by means of electronic devise to transmit images of immoral. Felony

70
Q

Enticing a child for indecent purposes

A

Solicits, entices, or takes any child under age 16 to any place for the purpose of child molestation. Misdemeanor

71
Q

Sexual Assault

A

Engages in sexual contact with another. Felony

72
Q

Bestiality

A

Sexual act with an animal. Felony

73
Q

Necrophilia

A

Sexual acts to dead human body. Felony

74
Q

Public indecency

A

Act of sexual intercourse, lewd exposure of sexual organs, and lewd appearance in partial or complete nudity. Misdemeanor. Felony after third conviction

75
Q

Prostitution

A

Sexual act for money or anything of value. Misdemeanor

76
Q

Keeping a place of prostitution

A

Exercising control over the use of any place, shelter, for the practice of prostitution. Misdemeanor

77
Q

Pimping

A

Offer or agrees to procure a prostitute for another, arrange a meeting for prostitution, direct, supports, receives money, aids prostitution. Misdemeanor

78
Q

Pandering

A

Solicits a person to perform an act of prostitution on his or her own behalf or in behalf or a third person, knowingly assembles persons at a fixed place for the purpose of being solicited.

79
Q

Solicitation of Sodomy

A

Solicits another person to perform Sodomy. Misdemeanor. Under 18 is a felony

80
Q

Bigamy

A

Being married knowing that his lawful spouse is living, marries another person. Felony

81
Q

Marrying a Bigamist

A

Felony

82
Q

Incest

A

Engages in sexual intercourse or sodomy with direct family. Felony

83
Q

Sexual Battery

A

Intentionally makes physical contact with the intimate parts of the body of another without consent. Misdemeanor. Felony if under 16 years old or two convictions

84
Q

Aggravated Sexual Battery

A

Intentionally penetrates with a foreign object the sexual organ or anus. Felony

85
Q

Burglary

A

1st degree-intent to commit a felony or theft, enters or remains within dwelling house. Felony
2nd- without authority intent to commit a felony or theft, enters or remains building. Felony

86
Q

Smash and grab

A

Intentionally and without authority enters a retail with intent to commit theft. After hours. Felony

87
Q

Possession of tolls for the commission of crime

A

Possession any tool, explosive, or their device of crime. Felony

88
Q

Criminal trespass

A

Under $500. Misdemeanor

89
Q

Criminal Damage to property

A

2nd degree-Over $500 Felony

1st degree- Danger to life. Felony

90
Q

Vandalism to place of worship

A

Maliciously defaces public place of worship. Felony

91
Q

Arson in the first degree

A

By means of fire or explosive, knowingly damages causes, aids, advises, encourages damages to dwelling, buildings, cars etc.. Felony

92
Q

Arson Second degree

A

Not dwelling. Felony

93
Q

Arson third degree

A

Any personal property of another of $25.00 or more. Felony

94
Q

Engaging in certain activities relating to use of fines and ignited objects

A

Intent to damage, start, cause fire in any woodlands, without taking necessary precautions before, during or after fire to prevent the escape of the fire. Cause fire by cigar. Misdemeanor

95
Q

Theft by taking

A

Unlawfully takes. Over 1500 is a felony

96
Q

Theft by deception

A

Obtains property by deceitful means

97
Q

Theft by conversion

A

Lawfully obtains funds or property, under agreement but convert funds for own use

98
Q

Theft of services

A

Deception and with intent to avoid payment of services

99
Q

Theft of lost or mislaid property

A

Comes into control of property that he knows have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to owner

100
Q

Theft by receiving stolen property

A

Receives stolen property which knows or should know is stolen

101
Q

Theft by bringing stolen property into this state

A

Bring property into this state knowing its stolen

102
Q

Theft by shoplifting

A

Conceals or takes, alters the price, transfer the goods to another container, interchanges label, wrongfully cause the amount to be less. Under $500 is misdemeanor Over 500 is a felony

103
Q

Theft by extortion

A

Threats to inflict injury or any other offenses. Felony

104
Q

Entering automobile

A

Enter any auto with the intent to commit a theft or felony. Felony

105
Q

Robbery

A

Intent to immediate another, coercion, sudden snatching. Felony

106
Q

Armed Robbery; robbery by intimidation

A

Intent to take property or immediate presence of another by the use of offensive weapon, or any replica. Felony

107
Q

Forgery

A

1st-Intent to defraud, alters, possesses any writing, other than check (uses)-Felony
2nd Same as first (doesn’t use)-Felony
3rd Check. Felony is $1500 or check
4th under 1500 and under 10 checks-misdemeanor

108
Q

Deposit Account Fraud

A

Makes, draws, delivers knowing it is bad. Under $500- misdemeanor

109
Q

Representing peach officer organization without authority

A

Solicit or accept fee or donation to offer for sale or to sell advertising as a representative of a peace officer organization or find organization- misdemeanor

110
Q

Violation of oath by public officer

A

Public officer willfully and intentionally violates the terms of his oath-Felony

111
Q

False statements and writing; concealment of facts

A

Willfully falsifies conceals or covers up, makes a fictitious statement within government- Felony

112
Q

Impersonating an officer

A

Falsely holds as a peach officer-Felony

113
Q

Obstruction of officers

A

Knowingly and willfully obstructs or hinders law enforcement officers. Misdemeanor
If doing so with violence-Felony

114
Q

Giving false name to officers

A

Misdemeanor

115
Q

False report to a crime

A

Willfully gives false report to a crime to an officers. Misdemeanor

116
Q

False Fire alarm

A

Misdemeanor

117
Q

False public Alarm

A

Felony

118
Q

Remove or attempt to remove firearm, spray baton from person acting within course of employment

A

Felony

119
Q

Escape

A

If arrested as a felony- felony

120
Q

Riot

A

Two or more persons shall do an unlawful act-Misdemeanor

121
Q

Affray

A

Fighting by two or more person in some public place. By agreement- Misdemeanor

122
Q

Unlawful Assembly

A

Assembly of two or more persons for the purpose of unlawful act and failure to withdraw when commanded. Or for the purpose of doing violence

123
Q

Loitering or prowling

A

Is in a place at a time that is not usual for people to be. Justifiable and reasonable alarm and concern for the safety of persons-Misdemeanor

124
Q

Terroristic Threats and Acts

A

Threats, third party have to hear- Felony

125
Q

Disorderly Conduct

A

Act in violent manner toward another person. Fear for safety. Without provocation, uses abusive words, breach of the peace-Misdemeanor

126
Q

Peeping Tom

A

Spying upon or invading the privacy or another

127
Q

Contributing to delinquency, unruliness or deprivation of a minor

A

Knowingly and willfully encourages, causes aids in a minor in committing an act which would cause such minor to be found unruly-Felony

128
Q

Gambling

A

Makes Bets-Misdemeanor

129
Q

Commercial Gambling

A

Operates or participates in the earnings of a gambling place. Receives records a bet or to offer a bet. For gains sells chances promotes lotter-Felony

130
Q

Keeping a gambling place

A

Knowingly permits any real estate building room under control to use a gambling place-Misdemeanor

131
Q

What are 3 types of immunity

A

Absolute, Quasi-Judicial, Qualified/Official

132
Q

What are the two levels of immunity

A

State and Federal

Georgia Post (22 decks)

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